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Insurance and Human Rights

  • Book
  • © 2022

Overview

  • First book on insurance and human rights
  • Covers various parts of the world, with a particular focus on Europe and North-America
  • Written by both legal practitioners and legal scholars from across the globe

Part of the book series: AIDA Europe Research Series on Insurance Law and Regulation (ERSILR, volume 5)

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Table of contents (8 chapters)

  1. Insurance and the Right to Equal Treatment

  2. Insurance and the Right to Health

  3. Insurance and the Right to Privacy

  4. Insurance and the Right to Life

Keywords

About this book

This volume examines the impact of and interplay between human rights and insurance.  
National, supranational and international legal instruments regulating the taking-up and pursuit of the business of insurance and reinsurance, (re)insurance distribution and the insurance contract often refer to or impact on human or fundamental rights. Courts are often faced with the sometimes seemingly impossible task of reconciling insurance core principles, practices and mind-sets with the principles and values stemming from human rights protection. In some cases, such as that of discrimination in insurance, this discussion has been going on for decades. Some deal with hot topics which have more recently emerged in light of developments stemming from technologic innovations (‘InsurTech’). 
 
The first part of the book focuses on insurance and the right to equal treatment. Discrimination on the basis of factors such as gender or age is tackled, from the perspectives of the European Union, Canada and South Africa. The second part of the book highlights the very relevant role played by insurance in the upholding of the right to health, covering the United States of America, Africa and Brazil. The third part of the book explores InsurTech's manifold challenges upon the right to privacy, focusing on European Union. The fourth part tackles the threat posed by insurance on the right to life in general, but with a particular focus on the United Kingdom.
 
Written by legal scholars and practitioners, the book offers international, comparative and regional or national perspectives, aiming to contribute to a more thorough and systematic understanding of the interactions between these two very different fields of law, providing the industry as well as the scientific community with insights from both sides of this seemingly difficult to transpose divide.

Editors and Affiliations

  • NOVA School of Law, NOVA University Lisbon, Lisbon, Portugal

    Margarida Lima Rego

  • Faculty of Law, University of Pretoria, Pretoria, South Africa

    Birgit Kuschke

About the editors

Professor ​Margarida Lima Rego, NOVA University, School of Law, Lisbon, Portugal

Professor Birgit Kuschke, University of Pretoria, Faculty of Law, Pretoria, South Africa

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